Misrepresentation and TCF

Discussion in 'SA1' started by Geraldine, Mar 10, 2019.

  1. Geraldine

    Geraldine Very Active Member

    Wondering about the difference between:

    A. Serious negligence as a form of Careless Misrepresentation and

    B. Reckless or Deliberate Misrepresentation

    Specifically, does anyone have an example of how you can be seriously negligent but not deliberately so?
  2. Sarah Byrne

    Sarah Byrne ActEd Tutor Staff Member

    Hi Geraldine

    Careless misrepresentation is something that is not done on purpose. We could use an example from the Course Notes about having regular headaches. Careless misrepresentation would be not disclosing regular headaches as the policyholder didn't think they were a cause for concern or relevant to a question being asked by the insurer. Deliberate misrepresentation would be failing to mention these (perhaps when a more specific question was asked) as the insured thought it could be an indicator of either something more serious, or might lead to a higher premium being charged.

    It can be hard to identify if it is careless or deliberate misrepresentation. In the UK the onus is on the insurer to prove it was deliberate. I did a quick search and found this which might be of interest (bearing in mind it is UK specific):

    Hope it helps :)
    Geraldine likes this.
  3. Geraldine

    Geraldine Very Active Member

    Thanks Sarah, that makes sense

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